- 6 - not know Mr. Orsino received from his mother a bond to which he held title. Petitioner had no awareness of the bond’s existence and, thus, could not have actual knowledge of interest from the bond. Petitioner’s contention that she did not have clear awareness of the item of income relies not on ignorance of the law, but on ignorance of a material fact. See id. Accordingly, pursuant to section 6015(c), petitioner is relieved of liability for the tax deficiency attributable to interest from the savings bond. Pursuant to section 6015(f), respondent is granted discretion to award relief from joint and several liability if the facts and circumstances indicate that it would be inequitable to hold the spouse seeking relief liable for the deficiency. We conclude that it would not be inequitable to hold petitioner liable for the deficiency attributable to Mr. Orsino’s compensation and 401(k) withdrawal. Petitioner knew of the omitted income and 401(k) withdrawal, did not establish economic hardship, and benefited significantly from the omitted compensation (i.e., funds were deposited into a joint account) and 401(k) withdrawal (i.e., petitioner is currently receiving $400 monthly payments as her share of the 401(k) withdrawal). See Rev. Proc. 2000-15, 2000-1 C.B. 447. In addition, both Mr. Orsino and petitioner incurred the tax debt. Therefore, the marital settlement agreement does not shift all of the liabilityPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011